Page:United States Statutes at Large Volume 31.djvu/1271

_FIFTY-SIXTH CONGRESS. SEss. II. Ch. 854. 1901. 1219 Sec. 175. Cos·rs.——At the commencement of every suit in said supreme C°¤**· court the plaintiH shall deposit at least ten dollars with the clerk, to be appropriated toward the costs of the suit; and the court is hereby authorized to prescribe rules as to any further costs to be paid by either the plaintiff or defendant during the progress of the case, and as to the collection thereof. Udpon the termination of the case any suriiplus of costs shall be refunde by the clerk. he defendant in any suit instituted by a nonresident of the District 1§§;i¤d¤IQgng;gg[,;§£ of Columbia, or by one who becomes such after the suit is commenced, iilaintiii m give seenmay, upon notice served on the plaintid or his attorney, at any time “”'*‘°’t°‘ after service of process on the defendant, require the laintiif to give security for all costs and charges that maybe adjudged) a ainst him on the final disposition of the cause. But such right of tT1e defendant E shall not entitle him to delay in pleading, and his pleading before the giving of such security shall not be deemed a waiver of his right to require such security for costs. In case of noncompliance wifi the foregoing requirements, within a time to be fixed by the court, judgment of nonsuit or dismissal shall be enteredr The security required may be by an undertaking, with security, to be approved by the court, or by a deposit of money in amount to be fixed bv the court. A nonresident may, at the commencement of his suit, deposit with gljvzff br ¤grg¤$¤i- the clerk such sum in money as the court shall deem sufficient as com. mm ° °t security for all costs that may accrue in the cause, which deposit may afterwards be increased on application, in the discretion of the court: —q¤¤1i¤¤¤¢i<>¤¤· Provided, That this section shall not apply to proceedings in the probate term, in which all deposits and costs as now required by law, and the orders of said term, shall be paid to the register of wills as heretofore. · Sec. 176. Poou sUrroRs.——Suits may be prosecuted by poor persons P<><¤¤¤i¤>¤¤· upon the order of the court, or of one of the justices, passed upon satisfactory evidence of inability to make such deposit, without making the deposit prescribed by the preceding section. Sec. 177. Cosrs PAYABLE IMMEDIATELY.--1hll costs and fees for serv- digg}; Payamsimme ices rendered by the clerk and the register of wills and chargeable to ` others than the United States shall be payable immediately after the services are performed, and shall be collected by such rules and regulations, not incompatible with law, as may be prescribed by the court, but shall in no case be paid by the United States. The District of e,;f,§;° 6,§‘S*’i°° °X· Columbia shall not be required to pay fees to the clerk of the court of' appeals of the District, or to the marshal of the District, and shall be entitled to the services of said marshal in the service of all civil process. Sec. 178. The clerk shall have power to administer oaths in all cases Engg? geggicleg {gr and also to take the acknowledgment of deeds, and shall receive the sm. W pg °° ’ same fees for the latter service as other officers authorized to take such acknowledgments. . . Sec. 179. SALAaY.—The salary and compensation of the clerk shall ··¤¤1¤¤Y· not exceed the sum of five thousand dollars iper annum, and the excess of fees received by him above said salary, a ter defraying thereout the necessar expenses of his office, shall be paid into the Treasury of the United States. . Sec. 180. RETURNS TO TREASURY.-—-The clerk shall make semiannual —r¤v¤r¤¤ to Treasreturns of the amount of fees received by him to the Secretary of the m' Treasury. His accounts of his earnings and expenses shall be adjusted » by the regular auditor of the court, or by a special auditor to be appointed by the court for the purpose, within thirty days after the first ay of January and July in eac year; and the auditor shall immediatel re ort his adjustment to the court, with such exceptions ·thereto as tfle cfdrk shall, within four days after such adjustment, take and file with the auditor. The court shall pronounce such decree upon the